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(영문) 대구지방법원 서부지원 2018.05.21 2017고단1810

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 2017, the Defendant: (a) at D cafeteria located in Daegu-gu, Daegu-gu, about 17:57, 2017, the Defendant: (b) stated that the police officer F, who belongs to the police station E zone unit of the Daegu Seo-gu, Daegu-gu, Police Station, called the Defendant “frighting home” was called “frighting home to the Defendant; (c) but was able to take the Defendant into delivery by doing any act, such as going to the road without hearing it; and (d) the Defendant was able to take the Defendant into delivery.

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2. On July 6, 2017, at a D restaurant located in Daegu-gu, Daegu-gu, the Defendant assaulted a police officer G belonging to the police station E zone in Seo-gu, Daegu-gu, where he received a report to “ female customers frighting,” and asked the Defendant to go to another table customer, and obstructed the police officer’s legitimate execution of duties concerning the public safety and order maintenance of the police officer’s order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to each E district office work site, and each public official's certificate;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the details and circumstances of the Defendant’s use of verbal abuse and assault against police officers, etc., the criminal liability of the Defendant for sentencing under Article 62(1) of the Criminal Act shall not be mitigated;

In addition, the defendant is likely to repeatedly criticize the act of performing official duties in a short period.

However, all of the crimes of this case are against the defendant, and it is difficult for him to prove alcoholic content through the early imposition of alcohol, and it is advantageous to the fact that there has been no punishment force.